The Managing Director vs Bharanidharan on 29 August, 2019
8.PW3/Doctor categorically stated that the claimant
sustained 60% permanent disability and 35% partial permanent
disability in the left leg and the disability certificate issued by PW3
has been marked as Ex.P.14. The right leg of the claimant was
amputated above knee. The photograph produced by this Court would
also demonstrate serious nature of injury caused to the claimant.
Even as per the Employees Compensation Act also, for amputation of
leg above knee 60% disability has to be determined which was rightly
determined by the Tribunal and therefore, the said determination
cannot be disturbed. Since, the claimant is the 4th year B.Tech.,
(Mechanical Engineer) student from Dr.M.G.R. Engineering College,
Rs.15,000/- fixed by the Tribunal is not appropriate. Even though
Mr.K.J.Sivakumar, learned counsel appearing for the transport
corporation could find fault with the Tribunal for having fixed the
notional income at Rs.15,000/- per month, this Court in a similar case
http://www.judis.nic.in
6/13
C.M.A.Nos.3257 & 3271 of 2019
for an Engineering student determined the notional income at
Rs.20,000/- per month in Balamanohari and another Vs. Sri
Venkateswara College of Engineering and others reported in 2018 (2)
TNMAC 81. It is also proved that the claimant is a bright student and
therefore, a sum of Rs.20,000/- is determined as monthly income.